Man acquitted of hold-up after court flags ‘victim’s’ definite involvement

A 29-year-old from Mosta accused of stealing LM590 during a hold-up at a Tarxien petrol station nine years ago has been acquitted of all charges after a court ruled that the victim’s testimony was inconclusive and not credible.

Clayton Cremona was also cleared of holding the petrol station’s employees against their will, of the unlawful possession of a sawn-off shotgun, and of stealing a Mazda 323.

In its decree, the court noted that the victim, Max Wayne Camilleri – who the police initially suspected as being an accomplice – was involved in the hold-up beyond any doubt, and that he tried to shift the criminal responsibility onto the accused.

The incident dates back to 28 October 2005 at around 3:40pm, when two hooded men drove into the St Rita Service Station in Triq Tal-Barrani, Tarxien. A man wielding a sawn-off shotgun then got out of the car and threatened petrol pump attendant Max Wayne Camilleri that he “will shoot unless he gives him the money.”

Camilleri then obliged and gave his assailant a pouch containing LM590. The assailants, who the court heard were wearing women’s tights to cover their faces, then fled off the scene of the crime in a brown Mazda 323 which had been reported stolen earlier that day.

A month after the holdup was carried out, the petrol pump attendant, Max Wayne Camilleri told the police that the hold-up was carried out by the accused, Clayton Cremona. The court however noted that it was “suspicious” that Camilleri only spoke up after he was investigated by police over his possible involvement.

In his testimony, Camilleri, who the police had initially suspected as being an accomplice in the hold-up, said that a few days before the hold-up, he and Cremona had met in a bar in Qormi. He also said that Cremona and Jonathan Felice, known as ‘Il-Baglu’, had suggested a hold-up and that the three would all share the money.

While insisting that he did not want the accused to carry out the hold-up, Camilleri argued that Cremona did it anyway, and that the two had later met up in Qormi. He also told the court that the accused gave him LM35 for his “part” in the hold-up, and that he had threatened him if he said anything.

Asked whether he had recognised Cremona as the assailant, Camilleri had told police that he recognised his voice. However, during cross examination, Camilleri said that one could not recognise someone by his voice.

Camilleri’s statements led to the arrest and subsequent arraignment of Cremona, who in turn denied all the charges, and blamed Camilleri of inventing the story.

In her decree, Magistrate Consuelo Scerri Herrera argued that as opposed to Cremona’s “consistent” testimony, Camilleri’s was conflicting. The Magistrate consequently cleared Clayton Cremona of all charges.

Moreover, the court held that it has no doubt that Camilleri was involved in the hold up, and that he sought to shift the blame on the accused to be exempt from any criminal responsibility.